People v. Gaines

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted, after a jury trial, of assault in the second degree. The charge arose from an altercation between defendant and complainant Boyd over Boyd’s aborted attempt to drive, for pay, defendant and a prostitute known as "Blondie” to a designated location. Defendant argues that he was entitled to an intoxication instruction pursuant to Penal Law § 15.25. Defendant and Boyd gave conflicting accounts of the struggle. Yet defendant admitted that he hit Boyd, excusing his actions because he "may…